Hawkins v. Avery
New York Supreme Court
THE plaintiff brought this action to recover of the defendant Avery his share or proportion of a sum of money received by him for salvage of the bark Delegate. The other salvors were made parties defendants, but were not served with process.
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THE plaintiff brought this action to recover of the defendant Avery his share or proportion of a sum of money received by him for salvage of the bark Delegate. The other salvors were made parties defendants, but were not served with process. It was found that the plaintiff and defendants were salvors of the bark named, and that the defendant Avery received for himself and the other parties, as and for salvage, the sum of sixteen hundred dollars, and that the expenses properly chargeable to the fund, including a proper allowance agreed upon by the parties for the services of Avery, were eight…
1Opinion of the Court
By the Court,
Allen, J.
If Avery had not settled with and paid the other defendants and taken from them an acquittance, they would have been proper parties to the action. But the payment and discharge alleged in the complaint and admitted by the answer, dispensed with the necessity of bringing them into court by the service of process, as their rights could not" be affected by any judgment to be given. The claim of the plaintiff was upon Avery, who had received the money to the plaintiff’s use, and if he had paid it to his co-defendants he had done so in his own wrong, and with full notice of…
2Cited by6 opinions
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- Cromwell v. Royal Canadian InsuranceCourt of Appeals of Maryland · 1878
- Studley v. BakerDistrict Court, D. Massachusetts · 1873
- Dobbins v. National Union InsuranceCivil Court of the City of New York · 1972
- Goodyear v. BrooksThe Superior Court of New York City · 1866
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